Bravado International Group Merchandising Services, Inc. v. Does 1-5 et al
| Bravado International Group Merchandising Services, Inc. |
| John Does 1-5, Jane Does 1-4 and XYZ Company |
| 1:2024cv01078 |
| September 5, 2024 |
| U.S. District Court for the Northern District of New York |
| Christian F Hummel |
| Frederick J Scullin |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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| Filing 17 NOTICE OF APPEARANCE by Cara Burns on behalf of Bravado International Group Merchandising Services, Inc. (Burns, Cara) |
Filing 16
PRELIMINARY INJUNCTION AND SEIZURE ORDER: It is hereby ORDERED that the defendants, their agents, employees, representatives, attorneys, successors, and assigns, and all persons, firms, and corporations acting in active concert or participation with said defendants, are enjoined and restrained from: (A) Using any or all of the Artist's Trademarks, in connection with the sale, offering for sale, distribution, and/or advertising of any clothing or other merchandise; (B) Manufacturing, distributing, selling, and/or holding for sale any clothing or other merchandise which carries or otherwise uses any or all of the Artist's Trademarks; or (c)Aiding, abetting, inducing, or encouraging another to perform any of the acts enjoined herein. IT IS FURTHER ORDERED, that the U.S. Marshal for this district or for any district in which Plaintiff seeks to enforce this Order in the United States, the state police, local police, local deputy sheriffs or off-duty officers of the same, and any person acting under their supervision (collectively "Process Servers") are hereby authorized to seize and impound any and all infringing merchandise bearing any or all of the Artists Trademarks, namely, the federally registered trademarks, service marks, likenesses, logos, or other indicia of the Artist (namely "POST MALONE"), as directed further within. IT IS FURTHER ORDERED, that any Defendant who is hereafter served with a copy of this Order who objects to the provisions herein may submit his or her objections to this Court or otherwise move for relief from this Court within ten (10) days of the date of seizure according to the Federal Rules of Civil Procedure, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. IT IS FURTHER ORDERED, that all infringing items seized in this action be delivered up to the Plaintiff or the persons designated above, pending final disposition of this matter. IT IS FURTHER ORDERED, that the bond of Five Hundred Dollars ($500) previously deposited with the Clerk of this Court to secure payment of costs incurred in enforcing the provisions of the temporary restraining order and any damages sustained by any party who is found to have been wrongfully enjoined thereby is continued until final disposition of this matter. Signed by Senior Judge Frederick J. Scullin, Jr on September 18, 2024. (rep)
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| TEXT Minute Entry for Order to Show Cause Hearing held on 9/18/2024 before Senior Judge Frederick J. Scullin, Jr: The Court has received Plaintiff's submissions and notes that no objection has been filed, nor have any defendants appeared for today's proceeding. Senior Judge Scullin finds that Plaintiff has met it's burden for a preliminary injunction and seizure order, and grants plaintiff's motion. Appearances: Cara Burns, Esq., for plaintiff. CRD: R. Pieklik. (Court Reporter: Jodi Hibbard). Time: 10:37am to 10:41am. (rep) |
| Filing 15 AFFIDAVIT (Declaration) of Ashley Fogerty in Support of Preliminary Injunction and Seizure Order to Issue by Bravado International Group Merchandising Services, Inc.. (Attachments: #1 Proposed Order/Judgment A - for PI & Seizure Order, #2 Exhibit(s) B - Def. Bootleggers, #3 Exhibit(s) C - Infringing Merch, #4 Exhibit(s) D - Proofs of Service & Receipt for Goods Sezied)(Burns, Cara) |
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Filing 14
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice of Cara R. Burns, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Authorized by Magistrate Judge Christian F. Hummel on 9/11/2024. (tab)
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| Filing 13 MOTION for Limited Admission Pro Hac Vice of Cara R. Burns Filing fee $100, receipt number ANYNDC-6862654. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Exhibit(s) Verified Petition, #2 Exhibit(s) Affidavit of Sponsor, #3 Exhibit(s) E-Filing Registration Form and Oath of Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Exhibit(s) Proposed Order) Motions referred to Christian F. Hummel. (Goldberg, Marc) |
| Filing fee: $ 500, receipt number 500002206 for bond pursuant to Temporary Restraining Order dated 9/6/2024 (Dkt. #12 ) (mmg). |
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Filing 12
TEMPORARY RESTRAINING ORDER, SEIZURE ORDER, AND AN ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND SEIZURE ORDER SHOULD NOT ISSUE: IT IS HEREBY ORDERED that defendants, John Does 1-5, Jane Does 1-4 and XYZ Company their true identities being unknown (collectively "Defendants"), show cause before the Honorable Frederick J. Scullin, Jr. United States District Judge, in Courtroom #6 in the United States District Court for the Northern District of New York, located at the James Hanley Federal Building, 100 South Clinton Street, Syracuse, New York 13261, at 10:30 a.m. on September 18, 2024 or as soon thereafter as counsel can be heard, why an order pursuant to Fed. R. Civ. P. Rule 65, the Lanham Act 15 U.S.C. 1051 et. seq., the All Writs Act 28 U.S.C. 1651 and Local Rules 7.1 (e ), 7.1 (f) and 65.1, should not be entered granting to Plaintiff, Bravado International Group Merchandising Services, Inc., a preliminary injunction to enjoin the Defendants from manufacturing, distributing, selling or holding for sale, any clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") and to seize the same bearing the federally registered trademarks, service marks, and likenesses, logos and other indicia of the Artist "POST MALONE" (collectively, the "Artist's Trademarks"). IT IS FURTHER ORDERED that pending hearing and determination of this application, or the expiration of fourteen (14) days from the date hereof whichever occurs first, the Defendants, their agents, servants, employees, attorneys, successors and assigns and all persons, firms and corporations acting in concert with them, and each of them, be and hereby are temporarily restrained from manufacturing, distributing and selling Infringing Merchandise bearing the any or all of the Artist's Trademarks, as directed further herein. IT IS FURTHER ORDERED that this order be and is hereby conditioned upon Plaintiff's filing with the Clerk of this Court an undertaking in the form of a bond, certified check, or cash in the amount of $500.00 no later than September 12, 2024, to secure the payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby, as directed further herein. IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiff by delivering copies to its counsel on or before September 16, 2024 by 12:00 p.m. Any reply shall be filed by the Plaintiff and served upon each appearing defendant or his/her counsel on or before September 17, 2024 by 12:00 p.m. Plaintiff is to provide copies of all other filed pleadings at the request of any identified defendant. Signed by Senior Judge Frederick J. Scullin, Jr on September 6, 2024. (rep)
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Filing 11
TEXT ORDER REASSIGNING CASE. Case reassigned to Senior Judge Frederick J. Scullin, Jr for all further proceedings. U.S. District Judge Mae A. D'Agostino no longer assigned to case. Counsel may disregard Docket #3 Text notice regarding Judge D'Agostio's disposition pilot program. SO ORDERED by Chief Judge Brenda K. Sannes on 9/6/24. (lmw)
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| Filing 10 AFFIDAVIT re #7 Emergency MOTION for Temporary Restraining Order , Seizure Order, and Order to Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue (FRCP 65 Certificate of Counsel) by Bravado International Group Merchandising Services, Inc.. (Attachments: #1 Exhibit(s) A - Prior ND NY Orders, #2 Exhibit(s) B - Prior Artist Orders, #3 Exhibit(s) C - Prior Other NY Orders, #4 Exhibit(s) D - Prior Other Orders)(Goldberg, Marc) |
| Filing 9 AFFIDAVIT in Support re #7 Emergency MOTION for Temporary Restraining Order , Seizure Order, and Order to Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue filed by Bravado International Group Merchandising Services, Inc.. (Attachments: #1 Exhibit(s) Tour Dates, #2 Exhibit(s) Authorized Merchandise)(Goldberg, Marc) |
| Filing 8 MEMORANDUM OF LAW re #7 Motion for TRO, Seizure Order, etc. filed by Bravado International Group Merchandising Services, Inc.. (Goldberg, Marc) |
| Filing 7 Emergency MOTION for Temporary Restraining Order , Seizure Order, and Order to Show Cause Why a Preliminary Injunction and Seizure Order Should Not Issue by Bravado International Group Merchandising Services, Inc.. (Attachments: #1 Proposed Order/Judgment)(Goldberg, Marc) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (tll) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bravado International Group Merchandising Services, Inc. identifying Corporate Parent Viviendi, S.A. for Bravado International Group Merchandising Services, Inc... (Goldberg, Marc) |
| Filing 5 Report on the Filing and Determination of an Action regarding trademark number(s) 6257590, 5212688, 5958649, 6014484, 5840946, 5840945 and 98595042. (tll) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Bravado International Group Merchandising Services, Inc.; Attorney Cara R. Burns, Esq.; Email address is cburns@hmkblawyers.com. Phone number is 310-314-1721. Emailed letter and GO 25 to Attorney Burns. Admissions due by 9/19/2024. (tll) |
| Filing 3 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (tll) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/4/2024 at 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/27/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tll) |
| Filing 1 COMPLAINT against John Does 1-5, Jane Does 1-4, and XYZ Company (Filing fee $405 receipt number ANYNDC-6858133) filed by Bravado International Group Merchandising Services, Inc. (Attachments: #1 Civil Cover Sheet)(tll) |
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